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2025 Supreme(Online)(RAJ) 6196
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 2247/2024
1. Padma Bai Gurjar D/o Shri Roop Narayan Gurjar, Aged About 24 Years, Resident Of Shyamoli, Malarna Rs, District Sawai Madhopur (Raj). At Present Resident Of Village Bariyara, Nimod, District Sawai Madhopur (Raj).
2. Fateh Singh Gurjar S/o Shri Kaluram Gurjar, Aged About
28 Years, Resident Of Village Bariyara, Nimod, District Sawai Madhopur (Raj).
----Petitioners Versus
1. State Of Rajashtan, Through P.p.
2. Superintendent Of Police, Sawai Madhopur ( Rajasthan).
3. S.h.o. Police Station Bonli, District Sawai Madhopur ( Rajasthan).
4. Mukesh S/o Rewadmal, Resident Of Kushalpura, Police Station Bonli, District Sawai Madhopur (Raj).
5. Rewadmal S/o Bhori Lal, Resident Of Kushalpura, Police Station Bonli, District Sawai Madhopur (Raj).
----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Manvendra Singh-PP JUSTICE ANOOP KUMAR DHAND
Order
16/01/2025
1. Defect(s) pointed out by the Office stands waived.
2. The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondent(s).
3. Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.
4. It appears that prior to approaching this Court the petitioners have already submitted representations before the concerned Station House Officer and the Nodal Officer pursuant to the orders passed by the Co-ordinate Bench of this Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024).
5. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
6. Looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.
7. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners.
8. With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/413 Powerd by TCPDF (w.tcpdf.org)
